On Amendments To The Federal Law "on Privatization Of State And Municipal Property"

Original Language Title: О внесении изменений в Федеральный закон "О приватизации государственного и муниципального имущества"

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RUSSIAN FEDERATION FEDERAL LAW on amendments to the Federal law "on privatization of State and municipal property" adopted by the State Duma May 21, 2010 years approved by the Federation Council May 26, 2010 year (as amended by the Federal law of 29.06.2015 N 180-FZ) to amend the Federal law of December 21, 2001 N 178-FZ "on privatization of State and municipal property" (collection of laws of the Russian Federation , 2002, N 4, art. 251; 2005, N 25, art. 2425; 2006, N 1, art. 10; N 2, art. 172; N 17, art. 1782; 2007, N 7, art. 834; N 18, art. 2117; N 21, art. 2455; N 31, art. 4009; N 46, art. 5557; N 49, St. 6079; 2008, N 20, art. 2251, 2253; N 30, art. 3615, 3616, 3617; 2009, no. 19, art. 2279) as follows: 1 article 3, paragraph 2) supplement subparagraph 15 to read as follows: "15) Federal property in accordance with the decisions taken by the Government of the Russian Federation in order to create conditions to attract investment, promote the development of the stock market, as well as modernization and technological development of the economy.";
2) in paragraph 1 of article 6: a) subparagraph 3 shall be amended as follows: "3) submits the forecast plan (program) the privatization of federal property for the plan period;";
b) complement subparagraph 8-1 as follows: "8-1) makes a decision on approval of the list of legal entities for the Organization on behalf of the Russian Federation, the sale of privatized federal property and (or) the exercise of the functions of the seller";
in the sixteenth paragraph) shall be amended as follows: "the Government of the Russian Federation of its decision is entitled to entrust legal entities organize on behalf of the Russian Federation in the prescribed manner the sale of privatized federal property and (or) perform the functions of the seller. In the decision of the Government of the Russian Federation are determined subject to privatization of federal property, these legal entities, the size and procedure for payment of remuneration to them. ";
3) in article 7: (a) paragraphs 1 and 2) worded as follows: "1. The forecast plan (program) the privatization of federal property is approved by the Government of the Russian Federation for a period of one to three years.
The forecast plan (programme) privatization of federal property identifies the main directions and objectives of privatization of federal property for the plan period, forecast the impact of privatization of the property on the structural changes in the economy, including in specific sectors of the economy, federal property subject to privatization, and the anticipated dates of its privatization.
2. Forecast plan (program) the privatization of federal property contains a list of federal state unitary enterprises, shares of open joint-stock companies that are federal property, other federal property to be privatized in the corresponding period. ";
b) shall be amended with paragraph 2-1 as follows: "2-1. Making living in federally owned shares of open joint-stock companies created as a result of the transformation of the Federal State unitary enterprises, as a contribution to the authorized capital of open joint-stock companies is carried out without amending the forecast plan (program) the privatization of federal property for the plan period in accordance with the prescribed procedure, decisions of the President of the Russian Federation, decisions of the Government of the Russian Federation. ";
4 Article 8, paragraph 1) shall be amended as follows: "1. elaboration of a draft forecast plan (program) the privatization of federal property for the plan period is carried out in accordance with the main lines of the internal policy of the Russian Federation established by the President of the Russian Federation, with a forecast of socio-economic development of the Russian Federation, applications and tasks, certain decisions of the Government of the Russian Federation (including the outcome of the privatization of federal property in the reporting period) and other decisions of the Government of the Russian Federation.";
5) in article 9: (a)) in the title the words "carrying out the forecast plan (program)" should be replaced by the word "outcome";
b) in paragraph 1 the words "carrying out the forecast plan (program)" should be replaced by the word "outcome";
in) in the first subparagraph of paragraph 2, the words "carrying out the forecast plan (program)" should be replaced by the word "outcome";
6) article 12 shall be amended as follows: "article 12. Pricing subject to privatization of State or municipal property starting price subject to privatization of State or municipal property is set in the cases stipulated by this federal law, in accordance with the legislation of the Russian Federation governing assessment activities. ";
7) paras. 3 and 4 of article 13 shall be declared null and void;
8) paragraph four of paragraph 2 of article 14 shall be amended as follows: "the initial price of the property, unless otherwise provided for by the decision of the Government of the Russian Federation, adopted in accordance with the paragraph of article 6, paragraph 1 of the sixteenth of this federal law;";
9) article 15 shall be amended as follows: ' article 15. Informational support privatization of State or municipal property

1. Under the information management privatization of State or municipal property refers to activities aimed at the creation of the possibility of free access for the general public to information on privatization and include publication in the media, accommodation in informational systems for public use including information and telecommunication networks, forecast plan (program) the privatization of federal assets, annual reports on the results of the privatization of federal property, acts of planning privatization of property owned by the constituent entities of the Russian Federation, municipal property, decisions on privatization of State and municipal property, respectively, information about the sale of the property and on the outcome of his sale.
Information on the privatization of State or municipal property, referred to in this paragraph shall be published in official publications and on the official websites of the Internet, certain authorized by the Government of the Russian Federation Federal Executive Body, the Supreme executive organ of State power of constituent entities of the Russian Federation, local authorities (hereinafter referred to, respectively, the official newspaper and the official site on the Internet).
2. Informational message about the sale of State or municipal property shall be published in the official publication, as well as placement on the official site on the Internet site of the State or municipal property in Internet "(hereinafter also referred to as websites on the Internet) is not less than thirty days before the day of sale of the property, unless otherwise stipulated by this federal law.
3. Informational message about the sale of State or municipal property, to be published in the official printed publication must contain, except for the cases stipulated by this federal law, the following information: 1) the name of the State body or local self-government, have decided on the conditions of privatization of such property, details of the decision;
2) name such property and other leading its individualized information (description of property);
3) way to privatization of such property;
4) initial sale price of such property;
5) form submitting proposals on the price of such property;
6) terms and conditions of payment, the necessary account details;
7) the amount of the down payment, time and order of its introduction, the necessary account details;
8) order, place, start and finish dates, filing proposals;
9) an exhaustive list of submitted documents by the buyers;
10) deadline for conclusion of the contract of sale of such property;
11) order familiarize buyers with other information, terms and conditions of the contract of sale of such property;
12) limitation of the participation of individual categories of natural persons and legal entities in the privatization of such property;
13) the procedure for electing the winners (when the auction, the specialized auction, contest) or persons eligible to acquire State or municipal property (when its sales through public offerings and prices without prior notice);
14) place and date of summing up the sale of State or municipal property.
4. When the sale of shares of open joint-stock company of State or municipal property, also the following information: 1) the full name, postal address and location of the open joint-stock company;
2) authorized capital of open joint-stock company, the total number, nominal value and category of the outstanding shares of the open joint-stock company;
3) list of main products (works, services), which is an open joint-stock company;
4) conditions of competition in the sale of shares of open joint-stock company on competition;
5) information about the market share of a certain product business entity, is included in the register of business entities that have a specific product market share of more than 35 per cent.
(Paragraph repealed Federal Act from 29.06.2015 N 180-FZ)
(Paragraph repealed Federal Act from 29.06.2015 N 180-FZ)
(Paragraph repealed Federal Act from 29.06.2015 N 180-FZ)
(Paragraph repealed Federal Act from 29.06.2015 N 180-FZ)
(Paragraph repealed Federal Act from 29.06.2015 N 180-FZ)
(Paragraph repealed Federal Act from 29.06.2015 N 180-FZ)
(Paragraph repealed Federal Act from 29.06.2015 N 180-FZ)
6. by decision of the Government of the Russian Federation authorized federal body of executive power, the Supreme executive body of State power of the constituent entities of the Russian Federation, the local administration in the information message about sale of State or municipal property specifies additional information about the subject of privatization.

7. In relation to the objects included in the forecast plan (program) the privatization of federal property, acts of planning privatization of property owned by the constituent entities of the Russian Federation, municipal property, a legal entity engaged to organize the sale of privatized property and (or) implementation of the functions of the seller, can be carried out additional information.
8. Since the inclusion in the forecast plan (program) the privatization of federal property, acts of planning privatization of property owned by the constituent entities of the Russian Federation, municipal property open joint-stock companies and State or municipal unitary enterprises, they are required to disclose information in the manner and in the form approved by the Government of the Russian Federation the authorized federal body of executive power.
9. from the day of reception of applications a person wishing to purchase a public or municipal property (hereinafter the applicant) has the right to become acquainted with the information on the subject of privatization.
In places of filing and salesperson on the site State or municipal property on the Internet should be posted public information on bidding for the sale to be privatization of State or municipal property, samples of typical documents submitted by purchasers of State or municipal property, the rules of competitive bidding.
10. Information on the results of privatization deals of State or municipal property shall be published in the official publication, placement on sites on the Internet within thirty days from the date of these transactions.
11. Information on the results of privatization deals of State or municipal property, to be published in the official newspaper, placement on sites on the Internet include: 1) name such property and other leading its individualized information (description of property);
2) date and place of the auction;
3) the name of the seller of such property;
4) number of applications submitted;
5) persons recognized by the bidders;
6) transaction value of privatization;
7) name of the natural person or the name of a legal person-buyer. ";
10) article 18: (a)) paragraph 6 shall be amended as follows: "6. To participate in the auction bidder makes a deposit of 10 percent of the initial price specified in the information message about sale of State or municipal property.";
b) in paragraph 11, the words "victory for auction" should be replaced by the words "acceptance of bidder winner";
11) in article 20: (a)) paragraph 5 shall be amended as follows: "5. To participate in the contest, the applicant makes a deposit of 10 percent of the initial price specified in the information message about sale of State or municipal property.";
b) in paragraph 10, the words "victory at the contest" were replaced by the words "acceptance of the contest winner";
12) Article 23 shall be amended as follows: "article 23. Sale of State or municipal property through public offer of 1. Sale of State or municipal property through public offer (hereinafter-sale by public offering) is if the auction of the property was declared invalid.
2. Informational message about the sale by public offering along with the information provided for in article 15 of this federal law, shall contain the following information: 1) date, time and place of the sale by public offering;
2) the size of the price reduction of the original proposal ("step downgrading"), the magnitude of price increases in the case stipulated by this federal law ("step of the auction");
3) minimum bid price, which will be sold to State or municipal property (cut-off price).
3. Price of the initial proposal shall not be lower than the initial price, specified in the information message about the sale referred to in paragraph 1 of this article of the property at the auction, which was declared invalid, and the price is 50 per cent of clipping the initial price of this auction.
4. the duration of the call for proposals shall not be less than twenty-five days. One person has the right to submit only one application.
5. sale through a public offering is performed using an open form of submitting proposals on purchase of State or municipal property within the same procedures for such sale.
When selling through public offerings carried out the steady decline in prices of the initial proposal to "step downward" to cut-off price.
Proposals for the acquisition of State or municipal property parties are sale by public offering raising their cards after the initial offer price or prices of the offer of the corresponding "step downward".

Right to acquire State or municipal property belongs to the party of selling through public offerings, which confirmed the price of the initial proposal or bid price prevailing on the respective "step downward", in the absence of other parties selling through public offerings.
If several participants selling through public offerings initial offer price or confirm the bid price, the one from "steps downgrade", with all parties to the sale by public auction shall be carried out on the proposal established in accordance with this federal law the rules of the auction, providing for open form submitting proposals concerning the price of the property. Starting price of State or municipal property at such an auction is the price of the initial proposal or bid price prevailing at this "step downward".
If the participants of this auction does not claim proposal for a price higher than the initial price of State or municipal property, acquiring it belongs to party of the auction, who first confirmed the initial price of State or municipal property.
6. sale through a public offering, which was attended by only one party, acknowledges the unsuccessful.
7. the applicant is not allowed to participate in the sale through a public proposal on the following grounds: 1) the documents submitted do not substantiate the applicant's right to be a buyer in accordance with the legislation of the Russian Federation;
2) all documents submitted in accordance with the list specified in the information message about sale of State or municipal property, making either of these documents does not correspond to the legislation of the Russian Federation;
3) application for participation in the sale by public offering filed by a person not authorized by the applicant to undertake such action.
8. the list referred to in paragraph 7 of this article, the grounds for refusal an applicant participating in sale by public offering is exhaustive.
9. the applicant has the right to withdraw the filed application to participate in the sale through public offerings until his party such a sale.
10. Notice of recognition party sales through public offer the winner the winner is issued or its authorized representative a receipt the day summing up the sale through a public offering.
11. When Dodge or refuse the winner through a public sale offers from opinion within the prescribed period of the contract of sale of the property, he shall cease to be entitled to the conclusion of the Treaty and the deposit will not be refunded to him.
12. The amount of deposits will be returned to the participants of the sale by public offering, except the winner of such a sale, within five days from the date of the summing up its results.
13. not later than five days from the date of issuance of the notice of recognition party sale by public offering a winner with him a contract of sale.
14. transfer of State or municipal property and registration of ownership is carried out in accordance with the legislation of the Russian Federation not later than thirty days after full payment of the property.
15. the procedure for sale of State or municipal property through public offerings in the part not regulated by this article shall be established by the Government of the Russian Federation. ";
13) in article 24, paragraph 1: a) supplemented by a paragraph reading as follows: "during the sale of State or municipal property without ad prices its initial price is not defined.";
b) the second sentence of the first paragraph of paragraph 2 should be deleted;
14) chapter V of supplement article 32-1 as follows: "article 32-1. Holding the sale of State or municipal property, in electronic form, 1. Sale of State or municipal property in ways laid down by articles 18-20, 23, 24 of this federal law may be made in electronic form. The provisions of those articles in part holding the sale of State or municipal property shall be applied taking into account the characteristics laid down in this article.
2. Information about the sale of State or municipal property in electronic form shall be contained in the decision on the privatization of such property.
3. involvement of legal person to organize the sale of State or municipal property in electronic form (hereinafter-the Organizer) is provided by the seller of State or municipal property.
4. To conduct the sale of State or municipal property in electronic form (hereinafter referred to as the sale electronically) the organizer shall use information systems providing: 1) free access to information about the sale in electronic form, as well as to the rules of such systems;

2) the possibility of submitting applicants applications and accompanying documents in the form of electronic documents;
3) storage and processing in electronic form of applications and other documents submitted by applicants, using certified in the manner prescribed by the legislation of the Russian Federation information protection;
4) data protection (applications and other documents), submitted by the applicants, including safety information, warning its destruction, unauthorized alteration and copying;
5) creation, processing, storage and presentation, in electronic form, information and documents, including the results of sales in electronic form;
6) the smooth functioning of such systems and the access of users, including parties to the sale in electronic form throughout the duration of the sale.
5. it is prohibited to charge participants selling in electronic form are not required by this federal law, additional cost.
6. Publication and posting an informational message about the conduct of sale in electronic form shall be made in accordance with the provisions of article 15 hereof.
(Paragraph repealed Federal Act from 29.06.2015 N 180-FZ) in the information message about holding a sale in electronic form hosted on sites on the Internet, along with the information provided for by article 15, paragraph 5 hereof, shall be indicated on the Internet site, which will be available in electronic form, the date and time of registration on this website, applicants for participation in such sale , the order of their registration, rules for the conduct of the sale in electronic form, the date and time.
(Paragraph repealed Federal Act from 29.06.2015 N 180-FZ)
7. to participate in electronic form applicants must register on the site on the Internet ", specified in the information message about holding a sale in electronic form, in the manner prescribed in this information message.
The decision on recognition of candidates participants selling in electronic form or on the refusal in admittance to participate in such a sale is accepted by the seller, State or municipal property.
8. submission of proposals about the price of State or municipal property shall be sold registered member sales in electronic form within the same procedures for such sale.
9. The date and since the beginning of the procedures for sale in electronic form on the website on the Internet "on which this procedure must be specified: 1) the name of the State or municipal property and other leading its individualizing details (specification of the lot);
2) starting price, the magnitude of increase the initial price ("step of the auction") in case of sale at auction;
3) price of the initial proposal, "step downgrading" period after which consistently decreases offer price, minimum price proposals, which will be sold to State or municipal property, the magnitude of price increases in the case stipulated by this federal law ("step of the auction"),-in the case of a sale by public offering;
4) last sentence about the price of State or municipal property and the time it is received in real time.
10. In case of sale of State or municipal property without notice prices its initial price is not indicated.
11. Within one hour after the end of procedures for sale in electronic form on the website in the Internet, which was held for sale in electronic form are: 1) the name of the property and the other allowing it to personalize information (specification of the lot);
2) transaction value of privatization;
3) name of the natural person or legal entity-the winning bidder.
12. the results of the procedures for sale in electronic form shall be formalised by the Protocol is posted on the official website on the Internet ", which was held for sale in electronic form during the day following the date of signature of the Protocol.
13. technological requirements, software, linguistic, legal and institutional means of ensuring the use of the site on the Internet that will be available in electronic form, shall be approved by the Government of the Russian Federation authorized federal body of executive power.
14. the procedure for organizing and conducting the sale in electronic form shall be established by the Government of the Russian Federation. ";
15) in the first subparagraph of paragraph 1 of article 39, the words ", a specialized State institution or specialized public institutions" should be deleted;
16) article 41: (a)) paragraph 2 shall be amended as follows: "2. In the case of alienation of shares of open joint-stock companies in the manner prescribed by this federal law, the registration of a prospectus is not required, except for the sale of these shares traded on the securities market.";

b) in paragraph 3 the words "and (or) a specialized State institution or specialized public institutions" should be deleted;
17) paragraph 1 of article 42, the words "specialized State institution or specialized public institutions, specially commissioned by the Government of the Russian Federation of its function name for the sale of privatized federal property" were replaced by the words "legal persons carrying out by the decision of the Government of the Russian Federation, on behalf of the Russian Federation the seller privatized federal property."
Russian President Dmitry Medvedev in Moscow, the Kremlin May 31, 2010 year N 106-FZ

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